ATTACHMENT A. Water Conservation Plan. City of Keller, Texas P.O. Box 770 Keller, Texas PWS# Adopted by Ordinance No.

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1 ATTACHMENT A, Texas P.O. Box 770 Keller, Texas Developed to comply with the requirements of The Texas Commission on Environmental Quality and The Texas Water Development Board PWS# Adopted by Ordinance No. 1700: Effective June 17, 2014

2 TABLE OF CONTENTS 1.0 INTRODUCTION AND OBJECTIVES TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES TCEQ Rules Governing Conservation Plans Guidance and Methodology for Reporting on Water Conservation and Water Use DESCRIPTION OF SERVICE AREA AND UTILITY PROFILE SPECIFICATION OF WATER CONSERVATION GOALS METERING, WATER USE RECORDS, CONTROL OF WATER LOSSES, AND LEAK DETETECTION AND REPAIR Accurate Metering of Treated Water Deliveries from Fort Worth Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement Record Management System Determination and Control of Water Loss Leak Detection and Repair Monitoring of Effectivness and Efficiency OTHER REQUIRED CONSERVATION MEASURES Public Education and Information Water Rate Structure Reservoir System Operation Implementation and Enforcement Coordination with Regional Water Planning Groups ADDITIONAL CONSERVATION EFFORTS Reuse and Recycling of Wastewater Water-Conserving Plumbing Fixtures Landscape Water Management Requirment for s by Wholesale Customers ADOPTION OF WATER CONSERVATION PLAN, PERIODIC REVIEW AND UPDATE OF PLAN 8-1 i

3 LIST OF TABLES Table 4-1: 5 and 10 Year Goals Table 5-1: Meter Type Distribution Table 5-2: Water Loss 5 and 10 Year Goals Table 6-1: Residential Water Rates Table 6-2: Non-Residential Water Rates Table 7-1: Twice per Week Watering Schedule LIST OF FIGURES Figure 3-1: Keller s Water Service Area Figure 3-2: Tarrant Regional Water District Supply Sources APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F List of References Texas Commission on Environmental Quality Rules on Water Conservation Plans for Municipal and Wholesale Water Providers Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule Definitions (Page B-1) Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule s for Municipal Uses by Public Water Suppliers (Page B-5) Water Utility Profile Based on TCEQ Format Letters to Region C Water Planning Group, TRWD and Fort Worth Illegal Water Connections and Theft of Water Ordinance Ordinance Adopting ii

4 1.0 INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development of North Central Texas have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely already developed. Additional supplies to meet future demands will be expensive and difficult to secure. Drought conditions in recent years have highlighted the importance of the efficient use of our existing supplies to make them last as long as possible. Extending current supplies will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of Water Conservation Plans. 1 The TCEQ guidelines and requirements are included in Appendix B. The (Keller) has developed this in accordance with TCEQ guidelines and requirements. Since Keller is a wholesale water customer of the City of Fort Worth (Fort Worth), the 2 for Fort Worth was consulted during the development of this Plan to ensure consistency. This replaces the previous plan dated May The objectives of this are as follows: To reduce water consumption from the levels that would prevail without conservation efforts To reduce the loss and waste of water To improve efficiency in the use of water Encourage efficient outdoor water use To document the level of recycling and reuse in the water supply To extend the life of current water supplies by reducing the rate of growth in demand 1 Superscripted numbers match references listed in Appendix A 1-1

5 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2.1 TCEQ RULES GOVERNING CONSERVATION PLANS The TCEQ rules governing development of s for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a is defined as A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. The elements in the TCEQ water conservation rules covered in this Plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for s for Public Water Suppliers are covered in this report as follows: 288.2(a)(1)(A) Utility Profile Section 1.0 and Appendix C 288.2(a)(1)(B) Record Management System Section (a)(1)(C) Specific, Quantified Goals Section (a)(1)(D) Accurate Metering Section (a)(1)(E) Universal Metering Section (a)(1)(F) Determination and Control of Water Loss Section (a)(1)(G) Public Education and Information Program Section (a)(1)(H) Non-Promotional Water Rate Structure Section (a)(1)(I) Reservoir System Operation Plan Section (a)(1)(J) Means of Implementation and Enforcement Section (a)(1)(K) Coordination with Regional Water Planning Groups Section 6.5 and Appendix D 288.2(c) Review and Update of Plan Section 8.0 Additional Conservation Requirements (Population over 5,000) The Texas Administrative Code includes additional requirements for s for drinking water supplies serving a population over 5,000: 2-1

6 288.2(a)(2)(A) Leak Detection, Repair, and Water Loss Accounting Section (a)(2)(B) Requirement for s by Wholesale Customers Section 7.4 Additional Conservation Strategies The Texas Administrative Code lists additional conservation strategies, which may be adopted by suppliers, but are not required. Additional strategies adopted by Keller include the following: 288.2(a)(3)(A) Conservation Oriented Water Rates Section (a)(3)(B) Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures Section (a)(3)(D) Reuse and Recycling of Wastewater Section (a)(3)(F) Considerations for Landscape Water Management Regulations Section GUIDANCE AND METHODOLOGY FOR REPORTING ON WATER CONSERVATION AND WATER USE In addition to TCEQ rules regarding water conservation, this Plan also incorporates elements of the Guidance and Methodology for Reporting on Water Conservation and Water Use developed by TWDB and TCEQ, in consultation with the Water Conservation Advisory Council (the Guidance ). 3 The Guidance was developed in response to a charge by the 82 nd Texas Legislature to develop water use and calculation methodology and guidance for preparation of water use reports and s in accordance with TCEQ rules. Keller has considered elements of the Guidance in preparation of this Plan. 2-2

7 3.0 DESCRIPTION OF SERVICE AREA AND UTILITY PROFILE The provided retail water service to approximately 41,000 people in In order to provide this water, Keller purchased an average of 238 million gallons of treated water from the City of Fort Worth per month in Figure 3-1 shows the service area in relation to the City of Fort Worth. The City of Fort Worth purchases raw water from TRWD which comes primarily from four major sources, as shown in Figure 3-2: The West Fork of Trinity River via Lake Bridgeport, Eagle Mountain Lake and Lake Worth The Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake Benbrook to the Rolling Hills Water Treatment Plant to supplement supply to that plant. A pump station on the Clear Fork of the Trinity River also supplies the Holly Water Treatment Plant.) Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth Richland-Chambers Reservoir, located approximately 75 miles southeast of Fort Worth. Keller has no water or wastewater treatment plants. Treated water is purchased from the City of Fort Worth, and Keller s wastewater is treated by the Trinity River Authority. Appendix C contains Keller s most recent water utility profile based on the format recommended by TCEQ for retail suppliers. 3-1

8 FIGURE 3-1: KELLER S WATER SERVICE AREA 3-2

9 FIGURE 3-2: TARRANT REGIONAL WATER DISTRICT SUPPLY SOURCES 3-3

10 4.0 SPECIFICATION OF WATER CONSERVATION GOALS TCEQ rules require the adoption of specific 5-year and 10-year water conservation goals for a Water Conservation Plan. The goals for this include the following: Maintain the 5-year moving average total per capita water use and residential per capita water use below the specified amount in gallons per capita per day, as shown in Table 4-1. Implement and maintain a program of universal metering and meter replacement and repair as discussed in Section 5.2. Maintain the level of water loss percentage in the system below 8 percent annually in 2014 and subsequent years, as discussed in Section 5.5. Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program as discussed in Section 6.1. Increase efficient water usage and decrease waste in lawn irrigation by enforcement of landscape water management regulations as described in Section 7.3. Develop a system-specific strategy to conserve water during peak demands, thereby reducing the peak use. In the previous (2009) Plan, total per capita use goals were 212 gpcd by 2013 and 207 gpcd by 2018 which Keller has already achieved. As of 2013, Keller s five year average total per capita use was 207 gpcd. Keller has developed the 2018 and 2023 goals based on the plumbing code reductions outlined in the 2016 Region C Projections 4 and the expected savings from measures in this plan. The current specific goals are outlined in Table 4-1. These goals were developed assuming a five year average per capita, and therefore some (dry) years will see higher per capita usage than these five year average goals. A series of dry years may lead to an average exceeding the goal. TABLE 4-1: WATER CONSERVATION PLAN 5 AND 10 YEAR GOALS Description Units Average Total GPCD a GPCD Residential GPCD b GPCD Water Loss GPCD C GPCD Water Loss Percentage d % 4% 8% 8% a. Total GPCD = (Total Gallons in System Permanent Population) 365 b. Residential GPCD = (Gallons Used for Residential Use Residential Population) 365 c. Water Loss GPCD = (Total Water Loss Permanent Population) 365 d. Water Loss Percentage = (Total Water Loss Total Gallons in System) X 100; or (Water Loss GPCD Total GPCD) X

11 5.0 METERING, WATER USE RECORDS, CONTROL OF WATER LOSSES, AND LEAK DETETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water use, detection and repair of leaks in the distribution system, and regular monitoring of water losses are important in controlling losses. 5.1 ACCURATE METERING OF TREATED WATER DELIVERIES FROM FORT WORTH Fort Worth supplies all of the water used by Keller and monitors all deliveries using meters with an accuracy of at least ±5 percent. Fort Worth s meter testing, repair, and replacement program is based on American Water Works Association (AWWA) standards. Fort Worth has developed a meter exchange program to replace inaccurate meters. 5.2 METERING OF CUSTOMER AND PUBLIC USES AND METER TESTING, REPAIR, AND REPLACEMENT Keller meters all of its water uses, including retail sales and public and governmental users. Keller estimates the water used by the fire department for fire suppression and hydrant flushing based on the length of time the water flows and the water pressure. In the year 2000, Keller began a water meter replacement program and has since replaced all of the water meters, including retail sales, public, and governmental in the system. Keller has completed this replacement program and all meters are less than ten years old. Keller has also installed a radio system to read water meters as the meter reader drives down the street. Keller has initiated a program to test and calibrate all water meters that are two inches and larger in diameter on an annual basis. Smaller meters will be tested and calibrated when the water use patterns indicate a decline in water usage that cannot readily be explained. 5.3 RECORD MANAGEMENT SYSTEM As required by Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule (a)(1)(b), Keller s record management system allows for the separation of water sales and uses into residential and non-residential classes. The non-residential water use can be tracked by the use of codes into the required categories of commercial, public/institutional, and industrial use categories. Keller s record management 5-1

12 system allows water sales and uses to be tracked as separate categories, and includes water sales to multifamily housing in the residential sales category. This information is included in the TCEQ required Water Conservation Implementation Report, as described in Section 6.4. Table 5-1 shows the number of meters by customer type for TABLE 5-1: METER TYPE DISTRIBUTION Meter Size Total Number Residential Single Family 13,879 Residential Multi Family 44* Commercial 1,020 Institutional 109 Total 15,052 *The 44 meters serve 1,276 multi-family units 5.4 DETERMINATION AND CONTROL OF WATER LOSS Total water loss is the difference between water delivered from Fort Worth and authorized consumption by Keller s customers. Authorized consumption includes billed metered uses, unbilled metered uses, and unbilled unmetered uses such as firefighting and releases for flushing of lines Water losses include two categories: Apparent losses such as inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under-report actual use). Unauthorized consumption due to illegal connections and theft. (Ordinance to protect against losses is included in Appendix E). Real Losses due to water main breaks and leaks in the water distribution system and unreported losses. Measures to control water losses are part of the routine operations of the. Maintenance crews and personnel are asked to look for and report evidence of leaks in the water distribution system. The leak detection and repair program is described in Section 5.5 below. Meter readers are asked to watch for and report signs of illegal connections, so they can be addressed quickly. Water losses are included in the Utility Profile in Appendix C. In the previous Plan, water losses averaged 7.5 percent of the total water used in Keller. As of 2013, the five year average water loss is approximately 4 percent of the total water used in Keller. The goals for water loss are shown in Table

13 TABLE 5-2: WATER LOSS 5 AND 10 YEAR GOALS Description Units Average Water Loss GPCD a GPCD Water Loss Percentage b % 4% 8% 8% a. Water Loss GPCD = (Total Water Loss Permanent Population) 365 b. Water Loss Percentage = (Total Water Loss Total Gallons in System) x 100; or (Water Loss GPCD Total GPCD) x LEAK DETECTION AND REPAIR The will begin an active leak detection and repair program as part of the implementation of this plan. Components of the active leak detection and repair program will include: City crews and personnel are asked to continue looking for and reporting evidence of leaks in the water distribution system during their normal duties. Keller has a 24 hour hotline where main breaks and leaks can be reported. Keller will also invest in permanent leak noise detectors and loggers for critical areas in their system such as large supply mains and valves. The City has implemented a work order system to track all of the identified leaks, repairs and estimated real losses. Based on the work order system the City will build a database tied to GIS of areas within the water distribution system in which numerous leaks and line breaks are reported or detected for replacement as funds become available. Keller has set aside an annual budget amount dedicated for line replacement for areas identified in the database. Keller has also identified an issue with leaks on the customer side of the system. The City will adopt an ordinance making it illegal to have an identified and unrepaired leak at a property and include a fine for reported leaks that are unrepaired. The City in the past has made an adjustment for water leaks within their billing system if the use is three times greater than the average monthly use and the customer provided documentation that the leak has been repaired. 5.6 MONITORING OF EFFECTIVNESS AND EFFICIENCY The will maintain a database of information regarding water sales and use, water losses, and leak detection and repair activities to determine the effectiveness of the programs. 5-3

14 6.0 OTHER REQUIRED CONSERVATION MEASURES 6.1 PUBLIC EDUCATION AND INFORMATION The continuing public education and information campaign on water conservation includes the following elements: Insert water conservation information with utility bills. Inserts will include material developed by the and material obtained from the TWDB, the TCEQ, and other sources. Encourage local media coverage of water conservation issues and the importance of water conservation, including local cable television, radio and newspaper. Notify local organizations, schools, and civic groups that City staff are available to make presentations on the importance of water conservation and ways to save water. Promote the Texas Smartscape website ( and provide water conservation brochures and other water conservation materials available to the public at City Hall and other public places. Make information on water conservation available on the City s website ( and include links to the Texas Smartscape website, and links to information on water conservation on the TWDB and TCEQ websites. Participate in the education programs being used by Fort Worth and the Tarrant Regional Water District for students and the public ( Provide a public feedback comment window on the City s water conservation website (cityofkeller.com). Participate in the TRWD interactive weather station program through information and a link on the City s website ( 6.2 WATER RATE STRUCTURE The applies an increasing block water rate structure that is intended to encourage water conservation and discourage excessive use and waste of water. The water rate structure is broken down into residential rates and non-residential rates, and is provided in Table 6-1 and Table 6-2. Both residential and non-residential customers are charged a minimum water rate of $16.88 per month for a standard sized meter. The rates shown in the tables below were effective as of December 1, 2013 and are subject 6-1

15 to change as the City continues to refine its rate structures to improve the impact on water conservation and manage the cost of service most effectively. TABLE 6-1: RESIDENTIAL WATER RATES Volume (gal/month) Rate ($/1,000 gal) 0-2, ,001 10, ,001 20, ,001 25, ,001 40, > 40, TABLE 6-2: NON-RESIDENTIAL WATER RATES Volume (gal) Rate ($/1,000 gal) 0-2, ,001 10, ,001 20, ,001 25, ,001 40, > 40, RESERVOIR SYSTEM OPERATION Keller purchases treated water from the City of Fort Worth who in turn purchases raw water from TRWD. Thus, Keller does not have surface water supplies for which to implement a reservoir system operation plan. TRWD s permits allow for coordinated operation of its reservoirs. The TRWD operates its system based on District operating policies, contractual agreements and permit requirements. TRWD is responsible for operation of their reservoir system which consists of seven major reservoirs Lake Bridgeport, Eagle Mountain Lake, Lake Worth, Cedar Creek Reservoir, Richland- Chambers Reservoir, Lake Arlington and Lake Benbrook. TRWD s reservoir system operation plan seeks to maximize efficiency of water withdraws within the constraints of existing water rights. Other priorities include maintaining water quality and minimizing potential impacts on recreational users, fish, and wildlife. Each reservoir is operated on a policy of flood release above the conservation elevation. For more information regarding TRWD s Reservoir System Operation refer to TRWD s

16 6.4 IMPLEMENTATION AND ENFORCEMENT The completes the TCEQ required Water Conservation Implementation Report by May 1 of each year. The report includes various water conservation strategies that have been implemented, including the date of implementation. Additionally, the report includes progress made on the five and ten year per capita water use goals from this Plan. If the goals are not being met, Keller must document the reasons why. The amount of water saved is also documented in this report. Appendix E includes a copy of the ordinance related to illegal connections and water theft. Appendix F contains a copy of the ordinance adopted by the City Council regarding this. The ordinance designates responsible officials to implement and enforce the. 6.5 COORDINATION WITH REGIONAL WATER PLANNING GROUPS The service area of the is located within the Region C Water Planning Group and the Tarrant Regional Water District, and Keller will provide a copy of this to both groups. Appendix D includes copies of the letters sent to the Chair of the Region C Water Planning Group, the General Manager of TRWD, and the Water Director of Fort Worth with copies of the Plan. 6-3

17 7.0 ADDITIONAL CONSERVATION EFFORTS 7.1 REUSE AND RECYCLING OF WASTEWATER The does not own and operate its own wastewater treatment plant. Keller s wastewater is treated by the Trinity River Authority. TRWD has a Texas water right allowing the diversion of return flows of treated wastewater from the Trinity River. The water right allows for water to be pumped from the river into constructed wetlands for treatment, and subsequently pumped into Richland-Chambers Reservoir and Cedar Creek Reservoir. The wetlands project will ultimately provide 115,500 acre feet per year for TRWD, of which 10,000 acre feet per year can be supplied from existing facilities. A portion of this indirect reuse will be provided to the City of Keller as treated water supply. 7.2 WATER-CONSERVING PLUMBING FIXTURES The will be adopting new plumbing code standards through the North Central Texas Council of Governments. The Texas Health and Safety Code, Title 5, Subtitle B, Chapter 372 effective January 1, 2014, encourages water conservation through the requirement that all toilets sold, offered for sale or distributed must be a dual flush toilet that may not exceed 1.28 gallons per flush on average or for one full flush. The projected demands for Keller that have been adopted for the 2016 Region C Water Plan 4 will account for the new plumbing code requirement. 7.3 LANDSCAPE WATER MANAGEMENT Keller has an existing landscape and irrigation ordinance which prohibits wasting water. This ordinance prohibits watering between 10 a.m. and 6 p.m. year round. In addition, the Irrigation ordinance requires that only licensed irrigators alter existing or install new irrigation systems within Keller. Keller has adopted ordinances to require rain and freeze sensors on new irrigation systems and that those sensors be properly functioning. Keller, as a wholesale customer of the City of Fort Worth, will adopt a year round no more than twice per week watering schedule. Keller will amend the current landscape and irrigation ordinance to include a mandatory twice per week watering schedule similar to Stage 1 of its drought plan. The schedule is included as Table

18 TABLE 7-1: TWICE PER WEEK WATERING SCHEDULE Monday Tuesday Wednesday Thursday Friday Saturday Sunday No outdoor watering Nonresidential Residential addresses ending in (0,2,4,6,8) Residential addresses ending in (1,3,5,7,9) Nonresidential Residential addresses ending in (0,2,4,6,8) Residential addresses ending in (1,3,5,7,9) 7.4 REQUIRMENT FOR WATER CONSERVATION PLANS BY WHOLESALE CUSTOMERS The does not provide wholesale water to any customer. The requirement associated with wholesale water contracts as stated in Title 30, Part 1, Chapter 288, Subchapter A, Rule of the Texas Administrative Code does not apply to any of Keller s Contracts. 7-2

19 8.0 ADOPTION OF WATER CONSERVATION PLAN, PERIODIC REVIEW AND UPDATE OF PLAN Opportunity for public comment on the Plan was provided at a City Council meeting on June 17, Appendices E and F contain copies of the ordinances related to illegal connections and water theft, as well as the ordinance adopting this Plan. Appendix C contains the adopted water utility profile for Keller. TCEQ requires that s be reviewed and, if necessary, updated every five years to coincide with the regional water planning process. This will be updated as required by TCEQ and, in addition, will be continually reassessed for opportunities to improve water efficiency and conservation based on new or updated information. 8-1

20 Appendix A List of References

21 APPENDIX A LIST OF REFERENCES 1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules and 288.2, and Subchapter B, Rule , downloaded from June City of Fort Worth,, prepared by Freese and Nichols, Inc., April Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. Guidance and Methodology for Reporting on Water Conservation and Water Use, December Freese and Nichols, 2016 Region C Water Plan Demand Projections, adopted by the Texas Water Development Board. 5. Tarrant Regional Water District, Water Conservation and Drought Contingency Plan, prepared by the Tarrant Regional Water District, April 2009 A-1

22 Appendix B Texas Commission of Environmental Quality Rules

23 APPENDIX B TEXAS COMMISSION OF ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION AND DROUGHT CONTINGENCY PLANS TITLE 30 PART 1 CHAPTER 288 SUBCHAPTER A RULE ENVIRONMENTAL QUALITY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS WATER CONSERVATION PLANS Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture--Any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use--any use or activity involving agriculture, including irrigation. B-1

24 (3) Best management practices--voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) Conservation--Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (5) Commercial use--the use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multi-family residences or agricultural, industrial, or institutional users. (6) Drought contingency plan--a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). (7) Industrial use--the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional use--the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) Irrigation--The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water from a public water supplier. (10) Irrigation water use efficiency--the percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (11) Mining use--the use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re-pressuring. B-2

25 (12) Municipal use--the use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) Nursery grower--a person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (14) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (15) Public water supplier--an individual or entity that supplies water to the public for human consumption. (16) Residential use--the use of water that is billed to single and multi-family residences, which applies to indoor and outdoor uses. (17) Residential gallons per capita per day--the total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) Regional water planning group--a group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, (19) Retail public water supplier--an individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (20) Reuse--The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of stateowned water. B-3

26 (21) Total use--the volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23) Water conservation plan--a strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (24) Wholesale public water supplier--an individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. (25) Wholesale use--water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. Source Note: The provisions of this adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 B-4

27 TITLE 30 PART 1 ENVIRONMENTAL QUALITY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A RULE WATER CONSERVATION PLANS s for Municipal Uses by Public Water Suppliers (a) A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data; (B) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph: (i) residential; (I) single family; (II) multi-family; (ii) commercial; (iii) institutional; B-5

28 (iv) industrial; (v) agricultural; and, (vi) wholesale. (C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply; (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); (G) a program of continuing public education and information regarding water conservation; (H) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which does not encourage the excessive use of water; (I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. B-6

29 (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system; (B) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation-oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water-conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater and/or graywater; (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; B-7

30 (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. (c) A public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan every five years to coincide with the regional water planning group. Source Note: The provisions of this adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective December 6, 2012, 37 TexReg 9515 B-8

31 Appendix C Water Utility Profile Based on TCEQ Format

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39 Appendix D Letters to Region C Water Planning Group, TRWD and Fort Worth

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43 Appendix E Illegal Water Connections and Theft of Water Ordinance

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47 Appendix F Ordinance Adopting

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